Armed Forces Tribunal
Ex Gdr Subhash Chander Chahar vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
24.
OA No 125/2018 with MA No 127/2018
No-2676349P Ex Gdr Subhash Chander Chahar S/o Late Sh. Juglal, R/o VPO-Charawas, Tehsil-Khetri, District-Jhunjhunu (Rajasthan)
….Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
OIC Records, The Records Grenadiers
PIN-908776, C/o 56 APO
…. Respondents
For Applicant
: Mr.Sunil Kumar, Advocate, Proxy for
Mr.Yogendra Singh, Advocate
For Respondents
: Mr.Pradeep Mathur, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
14.05.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grantRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 01.01.1996 and that the arrears be paid along with interest @ 18% per annum.
2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 8 years and 6 months of service, he was invalided out of Service on 01.10.1990on medical grounds. The duly constituted Invaliding Medical Board held at the time of his invalidment from Service assessed his disability@ 20%. In addition to Service Pension, the Applicant has been granted Disability Element of Disability Pension @ 20% for life from his invalidment from service. The Applicant submits that in terms of Para 7.2 of Govt of India, Ministry of Defence letter No 1(2)/97/D(Pen-C) dt 31.01.2001, the Applicant is eligible for grant of Rounding Off Benefits from the date of his discharge from
Service. The Applicant has also placed reliance on Hon’ble Supreme Court judgment in the case of Capt KJS Buttar Vs UOI & Ors SCC 2011 XI 429 and Hon’ble Supreme Court judgment in the case of UOI & Ors Vs Ram Avtar (2014) SCC Online 1761 and submitted that he is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension wef 01.01.1996. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension from the date of his discharge from Service, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply to the Application and have submitted that the Applicant was invalided out of Service on 02.10.1990. His disability was initially assessed @ 40% for two years and was considered as Neither Attributable to Nor Aggravated by Military Service (NANA) and the Disability Pension claim of the Applicant was rejected. However, CWP No 2054/1994 filed by the Applicant before Hon’ble High Court of Delhi for grant of Disability Pension was allowed on 10.03.1995 and, accordingly, the Applicant has been granted Disability Element of Disability Pension. Subsequent Re-Survey Medical Board (RSMB) held on 25.06.1996 assessed his disability @ 40% for five years and final RSMB held on 24.06.2001 assessed his disability @ 40% for life wef 25.06.2001 and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 40% for life. In terms of ibid Govt of India letter dt 31.01.2001, the Applicant is eligible for grant of Rounding Off benefit of Disability Element of Disability Pension wef 01.01.1996 and on the basis of facts and legal grounds, the Hon’ble Tribunal may please treat the petition on merits of the case.
4. During the course of arguments, Learned Counsel for the Applicant submitted that Respondents may be directed to decide his case in the light of the principles settled by Hon’ble Supreme Court judgment dt 12.02.2026 in Civil Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, to which Learned Counsel for the Respondents raised no objection.
5. We have heard Counsels for both the parties and perused the material placed on record.
6. From perusal of material placed on record it is apparent that the Applicant has been granted Disability Element of Disability Pension @ 40% for life wef 03.10.1990.As regards grant of benefit of rounding off of disability element of disability pension, the Applicant is eligible to the same in terms of judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).
7. Taking into consideration the fact that the Applicant has been granted Disability Element of Disability Pension @ 40% from his date of discharge and the Counsel for the Applicant has prayed for grant of Rounding Off benefits in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra), we direct the Respondents to extend Rounding Off benefits to the Applicant as per the said judgment within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @6% per annum on the amount of arrears, if any. Amount already paid on account of rounding off benefit of disability element of disability pension, if any, shall be adjusted.
8. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
9. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-